' Petitioner, M. Jameel, seeks bail in a case registered vide F.I.R. No,23 of 2000 on 16th of January, 2000 with Police Station Satellite Town, Gujranwala under section 302/342/148/149 read with section 34, P.P.C.
2. Allegation as contained in the First Information Report authored by one Shaukat Ali is that his brother Liaquat Ali and his cousin Tariq were going in their motor cycle rickshaw driven by his brother Liaqat Ali, when they were confronted with the petitioner and 5 others armed with various weapons. Petitioner was the first who raised a Lalkara exhorting his companions to finish Liaquat Ali as he has quarrelled with them few hours earlier, upon which onslaught was started by the petitioner with an aerial firing followed by fires of Rehman with his .30 bore pistol which hit Liaquat Ali and Muhammad Tariq on face and chest respectively. Once again when the witnesses came to rescue the injured, Rehman fired twice which hit Tariq and he succumbed to his injuries at the spot.
3. Motive for the occurrence is stated to be an earlier fight at 4-00 p.m. Between Rehman one of the co-accused and his brother Liaquat Ali for expressing his inability to get some passengers in the rickshaw.
4. Post-arrest bail was declined by the Additional Sessions Judge, Gujranwala on 11-5-2000 by holding that in the subsequent part of the F.I.R., petitioner has been alleged to have fired with his fire-arm at the complainant's brother and Tariq, therefore, discretion was refused to be exercised in favour of the petitioner.
5. Learned counsel for the petitioner has lambasted the order of the Additional Sessions Judge, Gujranwala by stating that he misread the F.I.R. Totally. It was Rehman in the second round who fired twice with his pistol which hit Tariq and there is no ambiguity about his role and that the prosecution has not ascribed any role to the petitioner in the second round of firing or causing any injury to the deceased or the brother of the complainant. Learned counsel for the State has got nothing much to say but has opposed the grant of bail on the ground that the petitioner facilitated the murder of Tariq and murderous assault upon Liaquat.
6. I have attended to the arguments of the learned counsel and have also gone through the record.
7. Petitioner has been ascribed only aerial firing exhorting his companions to finish Liaquat and Tariq. It has yet to be seen by the trial Judge when evidence comes on record as to how far the role of the petitioner facilitated others to commit the murder of Tariq and caused injuries to Liaquat. For the present only aerial firing is ascribed to him. Keeping all these facts in juxtaposition, petitioner has been successful in making out a case of further inquiry and probe, therefore, accepting his application for bail I exercise my discretion in his favour and allow him bail provided he furnishes security in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.
8. Member Inspection Team of this Court shall send a copy of this order to Mr. Rao Shafey Ali Khan, Additional Sessions Judge, Gujranwala that he should be careful in deciding cases by reading and understanding F.I.Rs, properly, so as to analyse the roles of each of the accused given by the prosecution, and thereafter passing proper orders, not to be rediculed by the bar, when his orders are impugned and come up for scrutiny.